Prohibition on recognition or enforcement of politically-motivated judgments

(a) General rule No court of the United States, or of any State, territory, or possession of the United States, may recognize, enforce, or give effect to any judgment, order, decree, or provisional measure issued by a court of the People’s Republic of China if the United States court determines that the proceeding at which such issuance occurred— (1) was initiated, directed, controlled, or materially supported by the Chinese Communist Party, the Government of the People’s Republic of China, or any instrumentality of either such entity; and (2) was substantially motivated by retaliation for— (A) protected political speech; (B) the lawful exercise of governmental authority; or (C) the exercise of rights secured by the Constitution or laws of the United States. (b) Evidentiary standard A United States court may make a determination described in subsection (a) based on the totality of the circumstances, including— (1) the lack of judicial independence in the originating forum; (2) the identity of the plaintiff or its affiliation with the Chinese Communist Party or state entities; (3) public statements by Chinese officials relating to the proceeding; (4) the nature of the claims asserted and their relationship to protected speech or sovereign acts; and (5) the absence of due process or neutral adjudication.